Case to Watch: Dutch Supreme Court Expected to Rule on Applicable Law in Air-Cargo Competition Damage Claims
On 2 August 2017, the Amsterdam District Court handed down a ruling in which it announced its intention to refer to the Dutch Supreme Court the issue of which laws apply in mass damage claims brought against airlines carriers accused of having operated a cartel in the air-cargo sector.
In 2010*, the European Commission adopted a decision in which eleven air carriers (including British Airways, Air France/KLM, Air Canada and Lufthansa) were fined a total of almost EUR 800 million for fixing prices for fuel and security surcharges on airfreight services.
In the aftermath of this decision, many allegedly injured customers brought follow-on damage claims in multiple jurisdictions against the air-carriers, seeking compensation for their losses. The case at hand is one of those follow-on damage claims and was initiated before the Dutch courts by Stichting Cartel Competition, a litigation vehicle consolidating the claims and representing the interests of 266 freight customers.
Among the many complex issues which arise in the context of this dispute, the question of which law actually applies to such follow-on damage claims is particularly interesting.READ MORE